¿y* - United Nations

1 Y*CONVENTION ON THE RIGHTS OF PERSONSWITH DISABILITIESCONVENTION RELATIVE AUX DROITS DESPERSONNES HANDICAP ESKOHBEHIJHil O DPABAX HHBAJIHHOBCONVENCI N SOBRE LOS DERECHOS DELAS PERSONAS CON DISCAPACIDAD2007(H)(A)(t-)(+=) (+ES)-2-t-*.-3- s* . (t (A)GE)-4-(A)B,AA-f-f, , (H) fe*.mwim-6-Ht) )(-t (A), K-7-*+-*M+-&-8-fc) +**-9-es.*,o-10-OH: ; )mTt. t . *O )**tA,-13-(3DW-14-H ^ O (W-15-HiHes) += ** t*. A ,-24-CONVENTION ON THE RIGHTS OF PERSONSWITH DISABILITIESUNITED NATIONS2007 CONVENTION ON THE RIGHTS OF PERSONSWITH DISABILITIESP reambleThe States Parties to the present Convention,(a) Recalling the principles proclaimed in the Charter of the UnitedNations which recognize the inherent dignity and worth and the equal andinalienable rights of all members of the human family as the foundation offreedom, justice and peace in the world,(ft) Recognizing that the United Nations , in the Universal Declarationof Human Rights and in the International Covenants on Human Rights, hasproclaimed and agreed that everyone is entitled to all the rights and freedomsset forth therein, without distinction of any kind,(c)

2 Reaffirming the universality, indivisibility, interdependence andinterrelatedness of all human rights and fundamental freedoms and the need forpersons with disabilities to be guaranteed their full enjoyment withoutdiscrimination,(d) Recalling the International Covenant on Economic, Social andCultural Rights, the International Covenant on Civil and Political Rights, theInternational Convention on the Elimination of All Forms of RacialDiscrimination, the Convention on the Elimination of All Forms ofDiscrimination against Women, the Convention against Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment, the Convention on theRights of the Child, and the International Convention on the Protection of theRights of All Migrant Workers and Members of Their Families,(e) Recognizing that disability is an evolving concept and thatdisability results from the interaction between persons with, impairments andattitudinal and environmental barriers that hinders their full and effectiveparticipation in society on an equal basis with others,(f) Recognizing the importance of the principles and policyguidelines contained in the World Programme of Action concerning DisabledPersons and in the Standard Rules on the Equalization of Opportunities forPersons with Disabilities in influencing the promotion, formulation andevaluation of the policies, plans, programmes and actions at the national,regional and international levels to further equalize opportunities for personswith disabilities,(g)

3 Emphasizing the importance of mainstreaming disability issues asan integral part of relevant strategies of sustainable development,(h) Recognizing also that discrimination against any person on thebasis of disability is a violation of the inherent dignity and worth of the humanperson,( ) Recognizing farther the diversity of persons with disabilities,(/) Recognizing the need to promote and protect the human rights ofall persons with disabilities, including those who require more intensivesupport,(k) Concerned that, despite these various instruments andundertakings, persons with disabilities continue to face barriers in theirparticipation as equal members of society and violations of their human rightsin all parts of the world,(/) Recognizing the importance of international cooperation forimproving the living conditions of persons with disabilities in every country,particularly in developing countries,(m) Recognizing the valued existing and potential contributions madeby persons with disabilities to the overall well-being and diversity of theircommunities, and that the promotion of the full enjoyment by persons withdisabilities of their human rights and fundamental freedoms and of fullparticipation by persons with disabilities will result in their enhanced sense ofbelonging and in significant advances in the human, social and economicdevelopment of society and the eradication of poverty,(n) Recognizing the importance for persons with disabilities of theirindividual autonomy and independence, including the freedom to make theirown choices,(o)

4 Considering that persons with disabilities should have theopportunity to be actively involved in decision-making processes aboutpolicies and programmes, including those directly concerning them,(p) Concerned about the difficult conditions faced by persons withdisabilities who are subject to multiple or aggravated forms of discriminationon the basis of race, colour, sex, language, religion, political or other opinion,national, ethnic, indigenous or social origin, property, birth, age or other status,(q) Recognizing that women and girls with disabilities are often atgreater risk, both within and outside the home, of violence, injury or abuse,neglect or negligent treatment, maltreatment or exploitation,(r) Recognizing that children with disabilities should have fullenjoyment of all human rights and fundamental freedoms on an equal basis 2 with other children, and recalling obligations to that end undertaken by StatesParties to the Convention on the Rights of the Child,(s) Emphasizing the need to incorporate a gender perspective in allefforts to promote the full enjoyment of human rights and fundamentalfreedoms by persons with disabilities,(i) Highlighting the fact that the majority of persons with disabilitieslive in conditions of poverty, and in this regard recognizing the critical need toaddress the negative impact of poverty on persons with disabilities,( )

5 Bearing in mind that conditions of peace and security based onfull respect for the purposes and principles contained in the Charter of theUnited Nations and observance of applicable human rights instruments areindispensable for the full protection of persons with disabilities, in particularduring armed conflicts and foreign occupation,(v) Recognizing the importance of accessibility to the physical,social, economic and cultural environment, to health and education and toinformation and communication, in enabling persons with disabilities to fullyenjoy all human rights and fundamental freedoms,(w) Realizing that the individual, having duties to other individualsand to the community to which he or she belongs, is under a responsibility tostrive for the promotion and observance of the rights recognized in theInternational Bill of Human Rights,(x) Convinced that the family is the natural and fundamental groupunit of society and is entitled to protection by society and the State, and thatpersons with disabilities and their family members should receive thenecessary protection and assistance to enable families to contribute towards thefull and equal enjoyment of the rights of persons with disabilities,(y)

6 Convinced that a comprehensive and integral internationalconvention to promote and protect the rights and dignity of persons withdisabilities will make a significant contribution to redressing the profoundsocial disadvantage of persons with disabilities and promote their participationin the civil, political, economic, social and cultural spheres with equalopportunities, in both developing and developed countries,Have agreed as follows:-3-Article 1 PurposeThe purpose of the present Convention is to promote, protect and ensurethe full and equal enjoyment of all human rights and fundamental freedoms byall persons with disabilities, and to promote respect for their inherent with disabilities include those who have long-term physical,mental, intellectual or sensory impairments which in interaction with variousbarriers may hinder their full and effective participation in society on an equalbasis with 2 DefinitionsFor the purposes of the present Convention:"Communication" includes languages, display of text, Braille, tactilecommunication, large print, accessible multimedia as well as written, audio,plain-language, human-reader and augmentative and alternative modes, meansand formats of communication, including accessible information andcommunication technology.

7 "Language" includes spoken and signed languages and other forms ofnon spoken languages;"Discrimination on the basis of disability" means any distinction,exclusion or restriction on the basis of disability which has the purpose oreffect of impairing or nullifying the recognition, enjoyment or exercise, on anequal basis with others, of all human rights and fundamental freedoms in thepolitical, economic, social, cultural, civil or any other field. It includes allforms of discrimination, including denial of reasonable accommodation;"Reasonable accommodation" means necessary and appropriatemodification and adjustments not imposing a disproportionate or undueburden, where needed in a particular case, to ensure to persons with disabilitiesthe enjoyment or exercise on an equal basis with others of all human rights andfundamental freedoms;"Universal design" means the design of products, environments,programmes and services to be usable by all people, to the greatest extentpossible, without the need for adaptation or specialized design.

8 "Universaldesign" shall not exclude assistive devices for particular groups of personswith disabilities where this is 3 General principlesThe principles of the present Convention shall be:(a) Respect for inherent dignity, individual autonomy including thefreedom to make one's own choices, and independence of persons;(b) Non-discrimination;(c) Full and effective participation and inclusion in society;(d) Respect for difference and acceptance of persons with disabilitiesas part of human diversity and humanity;(e) Equality of opportunity;(f) Accessibility;(g) Equality between men and women;(h) Respect for the evolving capacities of children with disabilitiesand respect for the right of children with disabilities to preserve 4 General obligations1: States Parties undertake to ensure and promote the full realization of allhuman rights and fundamental freedoms for all persons with disabilitieswithout discrimination of any kind on the basis of disability.

9 To this end, StatesParties undertake:(a) To adopt all appropriate legislative, administrative and othermeasures for the implementation of the rights recognized in the presentConvention;(b) To take all appropriate measures, including legislation, to modifyor abolish existing laws, regulations, customs and practices that constitutediscrimination against persons with disabilities;(c) To take into account the protection and promotion of the humanrights of persons with disabilities in all policies and programmes;-5-(d) To refrain from engaging in any act or practice that is inconsistentwith the present Convention and to ensure that public authorities andinstitutions act in conformity with the present Convention;(e) To take all appropriate measures to eliminate discrimination onthe basis of disability by any person, organization or private enterprise;(/) To undertake or promote research and development of universallydesigned goods, services, equipment and facilities, as defined in article 2 of thepresent Convention, which should require the minimum possible adaptationand the least cost to meet the specific needs of a person with disabilities, topromote their availability and use, and to promote universal design in thedevelopment of standards and guidelines.

10 (g) To undertake or promote research and development of, and topromote the availability and use of new technologies, including informationand communications technologies, mobility aids, devices and assistivetechnologies, suitable for persons with disabilities, giving priority totechnologies at an affordable cost;(h) To provide accessible information to persons with disabilitiesabout mobility aids, devices and assistive technologies, including newtechnologies, as well as other forms of assistance, support services andfacilities;( ) To promote the training of professionals and staff working withpersons with disabilities in the rights recognized in the present Convention soas to better provide the assistance and services guaranteed by those With regard to economic, social and cultural rights, each State Partyundertakes to take measures to the maximum of its available resources and,where needed, within the framework of international cooperation, with a viewto achieving progressively the full realization of these rights, without prejudiceto those obligations contained in the present Convention that are immediatelyapplicable according to international In the development and implementation of legislation and policies toimplement the present Convention, and in other decision-making processesconcerning issues relating to persons with disabilities.